Summary: We will not investigate Mr X’s complaint about the Council’s decision not to consider his complaint about his employer, a care provider. This is because an investigation by this office would not be able to add to the response the Council has already provided which explains this is an employment matter between Mr X and his employer and not for the Council.

The complaint

1. The complainant, whom I shall call Mr X, complains about the Council’s decision not to consider his complaint about employment issues with his employer, a care provider, which previously had contracts with the Council.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse effect on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start an investigation if we decide the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)
3. We do not start an investigation if we decide we could not add to any previous investigation by the organisation. (Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

4. I considered information provided by the complainant and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Mr X complained to the Council about pay issues relating to his employer which is a care provider that previously had contracts with the Council. Mr X said his employer did not pay him the correct amounts and did not pay him on time after its contract with the Council ended.
7. The Council informed Mr X it would not consider his complaint because it was made in relation to employment issues with his employer which the Council could not address on his behalf. It advised Mr X to seek advice from Citizens Advice, ACAS or to seek legal advice around how he can recover the money owed by his employer.
8. We will not investigate Mr X’s complaint. This is because an investigation by this office would not be able to add to the response the Council has already provided which explains that this is an employment matter between Mr X and his employer and not a matter for the Council.
9. Should Mr X wish to whistleblow against his employer he can make a disclosure to a prescribed person or body. We are not a prescribed body. We have provided Mr X with a list of prescribed persons and bodies should he wish to blow the whistle.
10. Mr X says we should also investigate his employer in relation to the matters he has raised. We have not to date received a complaint from Mr X registered against his employer. However, were we to receive one, it is not a complaint we would be able to investigate. This is because the law prevents us from investigating complaints about employment and personnel matters. We have no discretion to do so.

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Final decision

11. We will not investigate Mr X’s complaint because we could not add to the response the Council has already provided to Mr X on this matter.

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Investigator's decision on behalf of the Ombudsman